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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Bizarre.Moogle Vs RBoS ** WON **


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Hi peeps,

I sent off my S.A.R. yesterday via registered post. Check with the Royalmail site and can see that they have got receipt of the letter.

 

TTFN,

Bizarre.Moogle

RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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Good Luck BM. Keep us up to date with your progress. I tried the softly-softly approach first as I wanted them to provide everything going back 13 years... which they have agreed to. Here's hoping they actually arrive, but if not, I can always move on with an S.A.R. next. The girl in RBoS was quite helpful though, and if they take the 20 quid out of my account by tomorrow, I'll know if things are starting to get going.

 

Seahorse

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Thanks Seahorse. I hope to keep all updated when I know. Ive checked Royalmail and there site is showing as being delivered on the 03-01-07 for the S.A.R. So now its a waiting game for when I get them. 39 days to go :)

RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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  • 2 weeks later...

Just received this from my S.A.R.

 

Dear Mr Kxxxx,

Data Protection Act - Subject Access Request

I write to you with regards to your recnt letter requesting a complete list of transaction and charges applied to your account under the Data Protection Act 1998.

 

From the information you have provided, it is not possible to trace the account you requested. Royal Bank of Scotland uses only numeric code for the identification of accounts and without an account number and sort code we have no way of locating a closed or open account. I am sure you understand that from the number of accounts held by the bank, it would be an impossible task to research records using the details you have supplied.

 

Therefore please inform us of your sort code or branch name and account number and when your account was closed.

 

In the meantime we acknowledge receipt of the payment for £10.00 in respect of the fee.

 

If you have any problems please do not hesitate to contact me at the above address.

 

Yours Sincerley,

 

Joyce E Tudor

Retail Regulatory Risk

RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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My questions are these, the 40 days limit for the S.A.R. does that still start from when they received my first letter or for when I can supply them with the information for the account.

 

I included in my first letter to them my full name, date of birth and address. As far as I know the bank should be able to find my account, without a number by doing a search on my name and post code.

 

I am about to head off to my local branch with ID to try and get the informaiton. Any advice would be great :)

RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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If it was me, I would try the personal approach and see what my local branch could dig up. I found my branch to be really helpful and I got my statements through within a few days. Unfortunately, I'm out of the country until mid February, so I'm a little bit frustrated that I can't start totting up what they owe me until I get home again. Oh, well. :rolleyes:

 

Seahorse

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Only just got back from work. I called into my local branch. Went upto the counter, handed over the letter I received today and asked if anyone able to help. The clerk went away, back in a few mins and advised that the branch manager would come out to see me shortly. Didnt have to wait more than a few mins. She came out and we went into a private room. Asked what I was requesting the info for, so I told her. She then asked if I knew when my account was closed. I advised that from what I can remember will be in August 2005. Chris (her name) then told me that the branches will only hold closed account details for a year, then after that will only be Central Operations, but she will be able to find the info for me in approx 1 to 2 days. I thanked her, then we chatted for a few mins. Talking about what was happening and she even mention no longer can resolve at branch, any request direct to head office to deal with.

 

I will have to say, that service today was great. Shame it wasn't there when I had the problems with my account

 

I have a question, if the branch are able to find my information, should I stick to my original 40 day time limit, and state in my return letter that the branch have been able to find the info in approx x amount of days, why couldn't they have done that, saving my time and expenses and time on there deadline. Please if anyone can help with what I should include in my next letter to them.

 

TTFN ~Moogle~

RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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Just had a call from the branch manager, she's been able to find my account number within one working day. I wonder why Joyce Tudor couldnt do the same thing???

 

I'm about to script a letter out and will post for peoples comments on if it needs changing at all.

 

TTFN ~Moogle~

RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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I have a question, if the branch are able to find my information, should I stick to my original 40 day time limit, and state in my return letter that the branch have been able to find the info in approx x amount of days, why couldn't they have done that, saving my time and expenses and time on there deadline. Please if anyone can help with what I should include in my next letter to them.

 

TTFN ~Moogle~

 

 

Definitely keep to your original timescales.

 

Their response was just delaying tactics and tell them that you consider it to be just that. If a branch can find it in one day, then so could she saving you time and money.

 

In your letter, put this:

 

This letter has been sent by first class recorded delivery, and therefore should have reached you by xx/xx/xxxx – as you will be aware, as of this date you have xx days in which to comply with my request. As stated above, a complete set of account statements for the period in question will be acceptable. However, I expect this to be provided within the time period for Data Protection Act compliance.

 

 

Should there be any further attempts to delay compliance, I will be left with no alternative but to commence a County Court action under section 7, and section 15(2) of the Data Protection Act 1998, and in due course, escalate this matter into an official complaint to the Information Commissioner and the FSA.

 

That should keep things rolling. Really annoys me the banks doing this. Had the same problem with Barclaycard. Keep us posted.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Thanks T4ff, just was writing my own as above, but will take your comments into consideration and re-write.

RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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Well same thing really, on the right track ;)

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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This is what I am going to send today.

 

Joyce E Tudor, Retail Regulatory Risk,

Business House B,

P.O. Box 1000,

Edinburgh,

EH12 1HQ.

 

Your Ref: RBSxxxx

 

17th January 2007

 

Dear Ms Tudor,

 

Data Protection Act – Subject Access Request

On the 16th January 2007 I received your letter dated the 11th January 2007. You wrote to me to inform that with the information that I supplied you were unable to help until I was able to provide my account details, though I did state in my Subject Access Request (S.A.R.) that I did not have this due to being told to destroy all account information when I closed the account.

 

You state that the Royal Bank of Scotland uses only numeric codes for the identification of accounts, and that without an account number and sort code, you would have no way of locating my closed account. I find this to be surprising, as once I received your letter, I went along to my local branch, took in your letter and my passport as proof of identification. They advised me that it might take a few days to find my account, but once found will let me know of the details. Today, 17th January 2007 I received a call from the branch (1 working day later) with my account number after contacting a team that can locate the information.

 

The details you need are sort code 16-xx-xx and account xxxxxxxx. I am shocked and disappointed that rather than following these channels yourself, you have placed the chasing up on details onto me which I feel you could have gotten the details for in the preceding 8 days when you had received my letter dated on the 2nd January 2007 and received by your good self on the 3rd January 2007.

 

As you will aware, the date you received my original request was the 3rd January 2007. As of that date, you have 40 days in which to comply with my request. As stated in my original letter, “Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable”. However, I expect this to be provided within the time period for Data Protection Act compliance.

 

With this in mind, and as date received my request for S.A.R. the 40 days expire on the 12th February 2007. Should there be any further attempts to delay compliance, I will be left with no alternative but to commence a County Court action under section 7, and section 15(2) of the Data Protection Act 1998, and in due course, escalate this matter into an official complaint to the Information Commissioner and that FSA.

 

Also thank you for confirming that you are in receipt of my £10 cheque that I sent to you

 

Yours sincerely,

 

 

 

 

Bizarre.Moogle

RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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Sounds good. Look out Joyce!!

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Just found your thread and updated myself. Well done, we're in the same position and not had anything back, even though we did the digging and sent them the account number etc in December. I've now sent them an LBA telling them they have sent info for two accounts and not the last and giving them 7 days to send us the rest. Fingers crossed for us both! :rolleyes:

 

Re your concerns about spreadsheets, don't worry none of us are experts but we'll all help to get you sorted. Nice to hear from you BTW.

  • Confused 1

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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Thanks SweetRevenge. From you mail looks like there doing the same.

 

The branch manager has been really helpful, she's even said just in case, she'll try and get me my statements, and if she can should have them in a week.

 

If anything I'll be doubling up. I just couldn't believe when I read the letter from Joyce saying can't find as closed etc etc...

RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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Sounds like a lot of peeps have found - the local staff probably have a lot of sympathy (may even raise a quiet cheer) when someone gets their charges back - they're consumers as well as bank employees after all!

 

Anyway, well done, it sounds like a good move to keep her sweet.

 

If you need the LBA letter for if they don't send any/all of your information, its in the bank template thread.

 

best wishes

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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Just a small update, my letter above advising of my account details has been received on the 19-01-07 by Recorded delivery. This time I went for normal £1 rather than the next day £4.10 one.

RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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Just a small update, my letter above advising of my account details has been received on the 19-01-07 by Recorded delivery. This time I went for normal £1 rather than the next day £4.10 one.

 

£4.10!! Geez. Don't forget to add this to your claim then. Wouldn't bother with this tbh, just pay the £1 like you've done - consensus from ppl on here is that the recorded doesn't always get recorded anyway, so to waste 4 quid on it is pointless. Let's hope you get a good response!

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Im in the same boat too, did receive a phonecall on 21st December a few days after the first letter was sent asking for the £10 pound admin fee. I eventually posted the cheque on 10th Jan, but does this mean that the 40 day period starts again? As it is due to end this coming sunday 28th Jan 2007 from the date of the 1st letter. Is it worth me going into the branch to try and get somewhere with this. They still haven't cashed the cheque either.

 

Regards

 

Poza

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Just got a package with 51 pages of statements. Last one still shows me overdrawn and not settling the account.

 

Not sure if these are the ones from the branch or from Head Office. Unfortunately I'm on my early shifts this week which means I miss the banks.

 

Apart from that, I'll be back after a brew and a highlighting mission.

 

TTFN ~Bizarre.Moogle~

RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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After a brew and my tea, worked out from the statements they have sent me, total charges are just over £700. Will need toi call into branch ASAP to see which statements are missing.

RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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I got a question. I've just been filling in a Compound Sheet I got off the site. I can't recalls who it is, just that its version 1.8, hopefully that will mean something to someone.

 

My question is this. It gives me two options, either to claim with the s69 Statutory Interest at 8% or Contractual Interest, which at RBoS Unauthorised borrowing is at 29.84%.

 

As you can see, this makes a big difference. So should I do the 8% which I guess is the most I would be able to claim if it went to the Courts or do I try for the 29.84%?

 

Please don't just say go for the higher amount, I would like some advice on what the pro's and con's are please.

RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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The unlawful charges plus contractual interest combines to amount to your essential damages claim ("your Claim Total".)

 

After issuing proceedings, you are entitled to statutory s.69 interest applied to your Claim Total, from date of issue until date of judgment or settlement.

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